COM 1348.004 2006-2008 - Laserfiche WebLink

Home

activities related to all offenses other than the possession or cultivation of Cannabis for adult personal use shall be a higher priority than all law enforcement activities related to the adult personal use of Cannabis. The Lowest Law Enforcement Priority regarding possession or cultivation of Cannabis shall apply to any single case involving 24 (twenty four) or fewer Cannabis plants at any stage of maturity or the equivalent in dried Cannabis, where the Cannabis was intended for adult personal use. (e) The "dried equivalent" of 24 or fewer Cannabis plants shall be presumed to be 24 (twenty four) or fewer ounces of usable Cannabis, excluding stems and other non active parts. A greater amount may also fall under the Lowest Law Enforcement Priority provisions described herein if such amount is shown by competent evidence to be no more than the dried equivalent of 24 plants. SECTION 5: LOWEST LAW ENFORCEMENT PRIORITY POLICY RELATING TO THE ADULT PERSONAL US OF CANNABIS (a) The cultivation, possession and use for adult personal use of Cannabis shall be the Lowest Law Enforcement Priority for law enforcement agencies in the county of Hawai' i. (b) The County of Hawai'i's County Council, the Police Commissioner, the Chief of Police and all associated law enforcement staff, deputies, officers and any attorney prosecuting on behalf of the County of Hawai'i shall make law enforcement activity relating to Cannabis offenses, where the Cannabis was intended for adult personal use, their Lowest Law Enforcement Priority. Law enforcement activities relating to Cannabis offenses include but are not limited to the prosecution of Cannabis offenses involving only the adult personal use of Cannabis; (c) Neither the Chief of Police, the Police Commissioner, nor any attorney prosecuting on behalf of the County of Hawai'i, nor any associated law enforcement staff, deputies, nor officers shall seek, accept or renew any formal or informal deputization or commissioning by a federal law enforcement agency for the purpose of investigating, citing, or arresting adults, nor for searching or seizing property from adults for Cannabis offenses subject to the Lowest Law Enforcement Priority of Cannabis where such activities would be in violation of that policy, nor shall such authorities exercise such powers that may be ancillary to deputization or commissioning for another purpose. (d) The Hawai'i County Council shall not authorize the acceptance or the issuing of any funding that is intended be used to investigate, cite, arrest, prosecute, search or seize property from adults for Cannabis offenses in a manner inconsistent with the county's Lowest Law Enforcement Priority policy. SECTION 6: COUNTY PROSECUTING ATTORNEYS To the full extent allowed by the Constitution of the State of Hawai' i, the people, 3